Any authorized Animal Control Officer or peace officer of the Town shall seize any dog which is found at large within the Town of Webster in violation of this chapter, as well as any dog or dogs otherwise required to be seized under and by virtue of the Agriculture and Markets Law of the State of New York.
Every dog seized shall be properly fed and cared for at the expense of the Town until disposition thereof is made as herein provided.
Upon seizure of any unidentified dog, the Animal Control Officer will attempt to locate and notify the owner of record of such dog, either personally or by phone, of said seizure and the procedure for redemption. The seized dog shall be held for a minimum period of five days starting with the day of seizure. During said period, the dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and has been identified, and provided that the owner pays the impoundment fees and any additional fees incurred by the Town.
Upon seizure of any identified dog, the Animal Control Officer will attempt to locate and notify the owner of record of such dog, either personally or by phone, of said seizure and the procedure for redemption. The seized dog shall be held for a minimum period of seven days starting with the day of seizure. During said period, the dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and has been identified, and provided that the owner pays the impoundment fees and any additional fees incurred by the Town.
Dogs may be redeemed by paying the Town Clerk all seizure, kennel and veterinarian fees incurred for the days the dog is kept by the Town. Boarding shall be charged at a rate to be established by the Town Board.
Dogs not redeemed.
If any dog so seized is not redeemed within the time hereinbefore set forth, the owner shall forfeit all title to the dog. Any dog unredeemed at the expiration of the appropriate redemption period shall be made available for adoption or euthanized pursuant to the provisions of § 118 of the Agriculture and Markets Law.
If any unredeemed dog is destroyed, the Animal Control Officer or veterinarian who destroys the dog shall dispose of the carcass and make a written report of such destruction and disposition. The original owner of a dog so destroyed or adopted by another shall pay the Town Clerk all associated costs, including but not limited to the seizure, kenneling, care, destruction and disposal of the dog. If necessary, such costs may be recovered by the Town Clerk in a civil action brought in the name of the Town of Webster.
The destruction of any dog seized by the Animal Control Officer or peace officer as herein provided shall be accomplished by approved humane methods. No dog seized hereunder shall be sold or surrendered to any person, firm, organization or institution for experimental use.
Adoption of unclaimed dogs.
All dogs impounded pursuant to this chapter, which have been held for the period mandated by local laws and which are unclaimed and not adopted, may be turned over to an authorized Humane Society for adoption.
Any dogs adopted from the Town of Webster while in the care and custody of the Town, following the prescribed period of redemption in accordance with the rules and regulations set forth in this chapter, may be adopted by a private citizen at a rate to be established by the Town Board.
Any Town Justice of the Town of Webster shall have jurisdiction to hear all signed complaints filed as hereinafter provided and all actions and proceedings hereunder and of all prosecutions for the violation of this chapter. Upon receipt by the Town Justice of any complaint against the conduct of any particular dog or domestic animal, the Town Justice shall summon the alleged owner or other person harboring said dog or domestic animal to appear in person before him. If the summons is disregarded, the Town Justice may permit the filing of an information and issue a warrant for the arrest of such person.
Any person who observes a dog or domestic animal causing damage or destruction to property of a person other than its owner or violating any section of this chapter may file a signed complaint, under oath, with a Town Justice of the Town of Webster, specifying the objectionable conduct of the dog or domestic animal, the date thereof, the damage caused, a description of the dog or domestic animal and the name of and residence, if known, of the owner or other person harboring said dog or domestic animal.
[Amended 5-16-2013 by L.L. No. 1-2013]
A violation of this chapter shall be deemed an offense against this chapter and shall be punishable by either a fine not exceeding $150, removal of the dog from the Town of Webster, by imprisonment not exceeding 30 days, or such fine and imprisonment, plus reimbursement to the Town for the caring, feeding and housing of the dog commencing from arraignment to final disposition. Each separate offense shall constitute a separate additional violation. The provisions hereof are in addition to the regulations, restrictions, requirements and penalties contained in Article 7 of the Agriculture and Markets Law.
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgments shall have been rendered.